Biden takes the women's vote in Texas, Iowa and Georgia 1:33
(CNN) -
President Donald Trump this week refused to commit to a peaceful transition should he lose the November election.
This led some to speculate that he might seek to use the tools of presidential power, including his role as commander-in-chief of the Armed Forces, to extend his time in office.
The United States Army insists that it will play no role in settling electoral disputes.
Its top official, the chairman of the Joint Chiefs of Staff, General Mark Milley, made the Pentagon's position clear in a letter to Congress last month.
"The Constitution and the laws of the United States and the states establish procedures for conducting elections, and for resolving disputes over the outcome of elections (...) I do not see the US Army as part of this process." Milley said in the letter.
The letter was sent to two members of the Armed Services Commission of the House of Representatives.
"In the event of a dispute over any aspect of the election, the United States courts and the United States Congress are required by law to resolve any dispute, not the United States Army," Milley added.
The Pentagon's position
"The Department of Defense plays no role in the transition of power after an election," Pentagon spokesman, Navy Capt. Brook DeWalt, told CNN on Thursday.
But despite his public stance, some commentators have questioned whether Trump could attempt to order the military to act on his behalf, by using the Insurrection Act to deploy active duty troops to American streets, in order to bolster his position. in the middle of a disputed electoral result.
Any move to invoke the law would face strong opposition from Pentagon leaders, several defense officials told CNN.
READ: ANALYSIS |
Trump's comments send a signal to his supporters on how to react if Biden wins the election
Trump has not suggested that he would call in the military to decide the election.
Although, his opponent, former Vice President Joe Biden, has publicly raised the idea that top military leaders could play a role in removing Trump if he refuses to step down after an electoral defeat.
This suggestion led to rejection from Pentagon officials and experts on civil-military relations.
The military would play "absolutely no role" in settling an election dispute, retired Lt. Gen. HR McMaster, a former National Security adviser who served under Trump, told CNN's Wolf Blitzer on Thursday.
"Those who suggest that the military would have a role in the transition are being equally irresponsible," he added.
And he said that "the military should have nothing to do with partisan politics and nothing to do with even any talk about a transition between governments."
Concerns at the Pentagon about the Insurrection Law
Trump cannot deploy military to states 3:40
Even before Trump's comments this week in which he refused to commit to a peaceful transition, CNN reported that senior Pentagon leaders have been concerned that Trump may invoke the Insurrection Act to deploy active duty troops as well as forces. civil security officers, to quell protests sparked by George Floyd's murder in June.
Defense Secretary Mark Esper made the Pentagon's position on the Insurrection Act clear at a press conference in June.
“The option to use active duty forces in a law enforcement role should only be used as a last resort.
And only in the most urgent and serious situations.
We are not in one of those situations now.
I do not support invoking the Insurrection Law, "he told the press.
Trump has made several public references to the use of the law in recent weeks.
Which has happened while the president promotes his message of law and order in the electoral campaign.
This even when you say you don't want to apply it.
Milley will stay in Washington as long as possible.
This is partly due to the travel-restricting coronavirus pandemic.
But also because of concerns that Trump may decide to deploy the Army in the streets against civilian protesters, several sources told CNN.
Milley continues to receive information about the protests and riots, in part so that he can continue to argue that civilian police should remain the first priority to be used instead of the armed forces, except in the event of a catastrophe that exceeds the capacity to civil authorities.
Can Trump invoke the Insurrection Law in case of electoral dispute?
While the Insurrection Law authorizes a president to deploy armed forces in certain situations to restore law and order, some experts believe that doing so would be problematic in the event of an electoral dispute.
“While the president could invoke the law on his own in connection with an electoral dispute, that decision would be immediately subject to legal challenge.
And barring drastic and completely unforeseen circumstances, it would be annulled in court, "legal analyst Elie Honig told CNN.
READ: OPINION |
Donald Trump just told us that our democracy is at risk
The Army is just one of the government organizations that Trump could try to use.
The administration has shown its willingness to use other federal officials, including those from the Department of Homeland Security, to achieve its goals.
Sometimes even deploying them against the wishes of local officials.
Attorney General William Barr recently rejected the idea that the Trump administration would use its executive power to stay in office.
All this nonsense about how the president is going to stay in office and take power?
I've never heard of that crap.
I mean, I'm the attorney general.
I would think I would have heard of it, "Barr told
The Chicago Tribune
earlier this month.
'Our laws and history make it clear that the armed forces have no formal role in the resolution of electoral disputes'
Some experts believe that the US Constitution and laws greatly prevent a US president from using the military and other organs of the executive branch to prolong his term in the face of a disputed election.
“Our laws and history make it clear that the armed forces have no formal role in the resolution of electoral disputes.
That job falls to various rallies across voters, states, Congress, and the courts, and if there is any need to enforce electoral or security procedures, that's the job of the civilian police first, not the forces. armed, ”Honig said.
The Posse Comitatus Act, for example, prevents the president from using the Army to enforce the law within the United States.
This limits the president's ability to use troops to participate in the electoral process.
“It is not entirely certain that the president has the power to declare martial law - particularly in relation to his own election - and any such attempt by a president would almost certainly be challenged in court and considered illegal. and, therefore, not recognized by the military, ”Honing explained.
Trump would step down as commander-in-chief on inauguration day
Kori Schake, an expert on civil-military relations at the American Enterprise Institute, told CNN that the way the Constitution is worded means that Trump would step down as commander-in-chief on inauguration day.
This even if no winner is formally declared in the elections.
At that time, the military would have a new commander-in-chief, the speaker of the House of Representatives.
This would happen regardless of whether or not Trump remains physically located in the White House.
«There is the mechanism of government.
I have spoken with our Defense leaders on this issue, ”the chairman of the House Armed Services Committee, Democrat Adam Smith, told CNN's Erin Burnett on Thursday.
“Whatever happens, President Trump will be in office until January 20.
There are all kinds of plays you can make between now and then, (but) you can't just unilaterally annul the elections, so when January 20 rolls around, you will be out, and all layers of government will no longer serve you, "he said. Smith.
Are you trying to order the military to challenge that?
What the military has made clear to me is that they will not follow an illegal order.
For example, if the president orders them to go to a city, as he threatened to do, they were prepared to say no, that it is not a legal order, "added Smith.
And he said that “his oath is to the Constitution.
To Donald Trump's chagrin, it's not him.
In his closing remarks during a virtual forum Thursday, Milley encouraged US troops to remain apolitical.
Remain apolitical and keep the Constitution close to your heart.
Thank you for what you are doing, ”he said.
Donald Trump Election 2020 United States Pentagon
